I'm drafting a counseling memo for Eleanor that covers the ten legal points comprehensively, structured in plain language, with a timeline for the 14 and 30-day windows and a note about my representation of Eleanor specifically—I can't remain neutral between her interests and Marcus or Nina's. The analysis will address capacity as a decision-specific inquiry with a presumption favoring capacity, and note that Eleanor's delirium appears reversible.

The springing power of attorney had a narrow trigger—the physician's certification was limited to temporary incapacity for complex financial management during delirium, with reassessment in 30 days. That qualified, conditional finding arguably never validly activated the instrument at all, or activated it only for complex matters during the delirium episode itself, which would have terminated once the delirium resolved. Either way, the $85,000 transfer to Marcus's LLC falls outside any legitimate scope. Marcus's transfer constitutes self-dealing and a loan to the agent, both expressly prohibited under fiduciary law, and the property management services claim doesn't justify the amount or structure.

The remedies available include a demand letter, compelled accounting, suspension or removal of Marcus as agent, restoration of assets, surcharge with interest and fees, possible constructive trust or lis pendens, a temporary restraining order to freeze the LLC accounts, and referral to Adult Protective Services, the district attorney, and the bank fraud unit. Eleanor herself may have capacity to revoke the POA—capacity to revoke is a discrete decision separate from overall financial capacity—and should execute a written revocation and provide notice to Marcus, the bank, and the county recorder.

Nina's health-care proxy doesn't authorize financial control, placement decisions, or home sales, and her request for full guardianship fails the clear and convincing standard since the physician's note is stale and limited in scope. Her overreach on guardianship aside, she may have legitimate concerns about the $85,000 transfer, so aligning her on asset recovery is strategic. Immediate protective steps need to be taken.

For the 2-day deadline, I'm prioritizing Eleanor's own capacity-based directives: she can instruct the bank directly with a physician attestation of her capability for routine transactions, or we can reroute Social Security and pension deposits to a new account at another institution, and negotiate forbearance or payment plans with the mortgage servicer and home-care agency. If the bank won't cooperate, I'd petition for an emergency limited protective order capped at 30 days, narrowly tailored to authorize specific payments and freeze Marcus's assets.

For the 14-day reassessment, I'm planning a decision-specific evaluation conducted at her home during her best hours, without Marcus or Nina present—focusing on concrete questions about banking, investments with support, residence preferences, and her ability to appoint or revoke agents. The evaluator should screen for medication effects, hearing, sleep, and pain rather than applying a global competency label.

I'm also setting up supported decision-making with an SDM agreement, automatic bill pay, and view-only account access for a monitor.  I'd add dual-signature requirements, transaction alerts, an independent CPA review of investments (which Eleanor herself requested), a daily-money manager, and limited authority on a low-balance checking account only—keeping the investment account locked with a trusted-contact designation and a FINRA hold.

For agency replacement, I need to revoke the 2019 POA and execute a new durable one naming a successor, though if that successor is Nina, I should flag her conflicted positions and consider a neutral professional or co-agents with oversight instead. A new healthcare proxy may also be needed, though Nina's existing medical proxy remains valid unless Eleanor wants to amend it—but not as punishment.

Full guardianship isn't warranted at this stage since there's no clear and convincing evidence, and less restrictive alternatives are already available.

On asset recovery, I'm pursuing an accounting demand within the statutory window, then potentially a petition to compel accounting, surcharge, double damages if allowed, constructive trust on the LLC assets, lis pendens on any property purchased with those funds, tracing through subpoenaed bank records, and an injunction. There's also the possibility of a criminal referral for financial exploitation and an APS report, though Eleanor gets to decide whether to pursue criminal charges given the family dynamics—and mediation could work if conditioned on repayment and a full accounting.

Since I represent Eleanor alone, I have an ethical duty to avoid joint representation and ensure Marcus and Nina get separate counsel. I'll communicate with Eleanor directly in plain language, in a quiet setting, with written summaries, and let her choose who supports her during these conversations—avoiding any substituted judgment on my part.

Marcus's fiduciary breach is clear, and Nina's seeking authority raises court-appointed counsel and GAL considerations; I need to oppose full guardianship and push for limited alternatives instead. The 12-day window is less than the 14-day reassessment period, so interim protections apply while we wait for reassessment, and I can't use an emergency conservator to force placement or a sale under rule 7's 30-day cap.

The mortgage is at risk of default and late fees within 12 days—not foreclosure yet—so I need to contact the servicer immediately. Home care payroll is critical for keeping Eleanor in place, so worker retention matters; we might need to pay from other resources like a cash reserve or a family loan, but I need to be careful about how that's structured.

My immediate steps are meeting Eleanor alone to assess her capacity, getting a written POA revocation if she's able and willing, notifying Marcus and the bank, sending Marcus a demand letter for accounting and return of the $85k within five days, requesting the bank unfreeze limited funds per Eleanor's instruction and investigate fraud, contacting the mortgage servicer and home-care agency, establishing trusted contact designations, and filing an APS report if needed. Then I'm filing a petition with protective orders freezing the LLC and suspending Marcus's authority, seeking expedited accounting, and proposing either a limited protective order or a 30-day emergency conservator for specified funds only if the bank won't cooperate—while opposing Nina's full guardianship petition and requesting the court hold it pending reassessment. I'll propose a supported decision-making plan as an alternative. Once I get the hearing order, I can pay the mortgage and payroll.

Over the next two weeks, I'm scheduling a geriatric evaluation and engaging an independent CPA to audit the investments and trace the withdrawals, then drafting a new POA based on the evaluation results. After receiving the reports, I'll execute the new POA and SDM agreement, conduct discovery on Marcus and the LLC, attend a settlement conference, and push for a final hearing that dismisses the guardianship or narrows it to a limited conserv